Archive for Roe v. Wade

VIDEO: “You can’t ban abortion. Roe v. Wade, right?” Tell Arkansas, where they just passed an unconstitutional law.

abortion ban arkansas

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Rachel Maddow:

There is something slightly inexplicable going on in the great state of Arkansas right now. The Republican-controlled legislature in Arkansas has just passed back-to-back unconstitutional bans on abortion.

You can’t ban abortion. Roe v. Wade, right?

Arkansas’ Democratic governor Mike Beebe vetoed both of the bans. No so much because he’s pro-choice, he actually has a mixed record on the subject. No, he has vetoed the bills because, dude, they are blatantly unconstitutional.

Quote: “The adoption of blatantly unconstitutional laws can be very costly to the taxpayers of our state.” 

Well, today after already overriding the governor’s veto of the first ban, the Arkansas senate voted to override his veto of the second even stricter abortion ban. If the house also votes to override the veto, the ACLU naturally has already promised that costly lawsuit that the governor was talking about in his veto messages… …It is all but a forgone conclusion that the state will lose that lawsuit.

Guess what, Rachel, the New York Times has an update:

The law was passed by the newly Republican-controlled legislature over the veto of Gov. Mike Beebe, a Democrat, who called it “blatantly unconstitutional.” On Tuesday the state Senate voted to override his veto by a vote of 20 to 14; on Wednesday the House enacted the bill into law by a vote of 55 to 33, with several Democrats joining the Republican majority. [...]

Adoption of the law, called the “Human Heartbeat Protection Act,” is the first statewide victory for a restless emerging faction within the anti-abortion movement that has lost patience with the incremental whittling away at abortion rights — the strategy of established groups like National Right to Life and the Catholic Church while they wait for a more sympathetic Supreme Court. [...]

Last weekend, a number of Democrats “got worked over” by constituents who support stringent anti-abortion measures, said Representative Greg Leding, 27, a Democrat and House minority leader.

Rita Sklar, director of the American Civil Liberties Union of Arkansas, said “ It shows an utter disregard for women and their ability to make important personal decisions about their own reproductive health.”

Rachel:

…Also, the legislature can go on record as having tried to illegally ban abortion, even though they all know that is not a thing they are allowed to do. Apparently nothing is a waste of money when it comes to making the same point ever more emphatically in anti-abortion Republican politics.

If Romney wins, we can expect a frighteningly conservative high court

The substance of Erwin Chemerinsky’s op-ed in the L.A. Times has been my mantra for months now. (He’s the dean and professor of law at the UC Irvine School of Law.) He emphasizes the long-lasting effects of both Supreme Court appointees and those placed on the lower federal courts, and of course, the obvious contrast between Mitt Romney and President Obama.

Imagine, for example, if there were no Justices Thomas, Alito, or Scalia on the Supreme Court. Imagine the election without the 2010 Citizens United ruling. The person in the White House makes all the difference.

Chemerinsky takes it from there. Please read the whole thing:

The future of the Supreme Court is the forgotten issue in this year’s presidential election. This is surprising and disturbing because a president’s picks for the federal judiciary are one of the most long-lasting legacies of any presidency. [...]

[I]f John McCain had been elected in 2008 and replaced David H. Souter and John Paul Stevens, the court surely would have upheld Arizona’s restrictive immigration law, SB 1070, in Arizona vs. United States (2012), and there would be six votes on the court to eliminate affirmative action in Fisher vs. University of Texas, which was argued on Oct. 10. [...]

Romney has expressly said that he wants to see Roe vs. Wade overturned, while everyone expects that any Obama nominees to the court would vote to affirm it and keep a constitutional right to abortion. [...]

On the other hand, if Obama is reelected and has the opportunity to replace, say, Scalia or Kennedy, there would be a liberal majority on the court for the first time since 1969. It is likely that these justices would reconsider Citizens United and undo the devastating effect that this decision has had on our political system in allowing unlimited corporate expenditures in elections. There surely would be a majority to allow marriage equality for gays and lesbians, though this may already exist if Kennedy is willing to join the four liberal justices in finding such a right.

But the lower courts are extremely powerful in their own right. The appeals courts most often make the final decisions on cases that affect all of us. As Chemerinsky notes, federal district court and court of appeals judges also have life tenure and can, and do, remain on the bench for decades.

Our individual liberties, civil rights and access to the courts are at stake. Yet very little has been said about who our next president would want on the Supreme Court, and how their choices could change our lives for generations. And that omission is a crime.

PhotOH! Romnesia

Via @GruveOn

It’s mystifying why any American would vote for Mitt Romney if they don’t even know what he stands for. That would mean they don’t even know who they’re voting for.

Rachel Maddow:

What is new and weird and hard to believe and that I don’t think we have much precedent for… is a campaign and a politician that cannot be bothered to come up with real positions that the candidate believes, that the campaign admits to and that everybody at least pretends to understand.”

Via Nicole Sandler

President Obama:

“If you come down with a case of Romnesia… and you can’t remember the promises you’ve made over the SIX years you’ve been running for president, here’s the good news! Obamacare covers pre-existing conditions!”

ICYMI: VIDEO– President Obama: Mitt Romney’s Come Down With A Case Of “Romnesia”.

VIDEO: “I’ve never felt this way before but it’s a scary time to be a woman. Mitt Romney is so out of touch.”

Mitt Romney is not good for women. Come to think of it, he’s not good for anyone. Even himself.

Learn more: http://OFA.BO/F4rtoY

Jenni’s story:

Jenni:
“I’ve never felt this way before but it’s a scary time to be a woman. Mitt Romney is so out of touch.”

Voiceover:
“Mitt Romney opposes requiring coverage for contraception. And Romney supports overturning Roe versus Wade. Romney backed a bill that outlaws all abortion even in cases of rape and incest.”

Jenni:
“There’s so much we need to do. We need to attack our problems not a woman’s choice.”

An assault on women’s right to choose

There has been a concerted effort by those on the right to infringe on the privacy of women and their doctors. At TPC, we’ve posted a number of pieces on this state and that state jumping on the “chipping away at abortion rights” bandwagon, a very disturbing trend, one that seems worse now than ever. In fact, the L.A. Times calls it an “unprecedented attack on reproductive rights.”

The Times uses that phrase in an excellent editorial that crystallizes the assault on the right to choose, one that I recommend you read. A few excerpts:

Imagine you decided to have a medical procedure but state law said that, even though your doctor supported your decision, you had to be screened to see if you were mentally fit for it, and then had to go to a clinic that directly opposes doing the procedure and listen to its spiel before you could go ahead. Most of us would call that unconscionable interference in our ability to make decisions about our own health.

Now imagine you’re a pregnant woman in South Dakota. [...]

The South Dakota law is among 371 pieces of legislation that have been making headway in state capitals during the last few months… seeking to restrict and in some cases all but remove women’s access to abortions, according to the National Abortion Rights Action League. Not only is that more than twice as many antiabortion bills as last year, but, like the South Dakota law, many of the appalling bills are making swifter and surer progress toward passage. [...]

At the federal level, the House is likely to pass two bills to restrict abortion rights.

So the very people who stomp their foot and demand smaller government are the ones who insist on intruding on women, their doctors, and their health care decisions. Business as usual.

[T]his matter was settled by the 1973 Roe decision, which held that attempts to limit a woman’s right to an abortion during early pregnancy were unconstitutional infringements on her right to privacy, just as they would be for any other medical procedure. [...]

Polls show that most Americans continue to support the Roe decision…  Studies and data show that the best way to reduce the number of abortions is with high-quality sex education and access to birth control. That’s not included in any of these state proposals.

Abortions are legal. Le. Gal. Legal. However, by making them inaccessible, the pro-forced-birth proponents are getting around the law, the very law that is in effect, the very law that Americans should follow, the very law that so-called law-and-order-small-government-zealots are flouting.

Read those last two sentences of the article one more time. Conservatives openly disdain all education, not just sex ed, and express that disdain by defunding it, busting unions, and pushing a voucher system. After all, if Americans are informed, they can make decisions and cast votes that would likely contradict candidates and their right wing talking points and policies. And that would never do.

You can read the entire editorial here.

“I hope that the voters understand that Republican legislative leaders can’t be trusted.”

Gov. Charlie Crist has done something very right (or maybe “left”?). He vetoed a bill that would have required an ultrasound– at their own expense– for women seeking an abortion during their first trimester.

Chipping away at abortion rights, which are legal, has been a favorite pastime of conservatives.  Here’s how they tried to do it this time:

The Republican-led Legislature tacked amendments onto a non-controversial health care bill (HB 1143) that also would have required women to view the live image or have it described by a doctor unless they could prove they were victims of rape, incest or domestic violence. Ultrasound exams can cost between a few hundred dollars and $1,500 and the women would have also been required to pay for the procedure.

Marco Rubio didn’t like Crist’s veto. Neither did John Stemberger, head of the Florida Family Policy Council:

[He] called the veto “profoundly disappointing” and said it’s now “crystal clear that he’s pro-abortion.”

Oh really, John? Well suck on this: It is profoundly disappointing and crystal clear that you’re pro-forced pregnancy.

However, Florida House Democratic Leader Franklin Sands supported the decision, and he didn’t mince words:

“The veto of House Bill 1143 is a victory for those who hold important the causes of personal freedom and less government intrusion in people’s lives. It’s a shame that Republican legislative leaders attempted to place an inappropriate burden on women seeking to terminate a pregnancy and attempted to so wrongly and unwisely expand the role of government.

“I hope that the voters understand that Republican legislative leaders can’t be trusted.”

Do the pro-forced preganciers realize how hypocritical they are, or are they so lacking in self-awareness that they can’t see how they contradict themselves when it comes to “big government” butting into the personal lives of voters? Seriously, how can they say they believe in both anti-choice and anti-intrusion?

Banging head on nearest wall…

H/t: CindyScott54

New pre-abortion requirements passed in Nebraska: Mental screening, for one

By GottaLaff

Do you hear that sound? It’s the chip-chip-chipping away at Roe v. Wade. Legal abortions are less accessible, physicians who perform them are being assassinated, and restrictions on women who might need one are getting tighter.

This must be the liberty conservatives rave about so often. That whole “coming between you and your doctor” thing? Yeah, it is not the progressives who condone that:


LINCOLN, Neb.—Nebraska lawmakers on Monday gave final approval to a first-of-its-kind measure requiring women to be screened for possible mental and physical problems before having abortions. [...]

It’s also likely be challenged in court. National abortion-rights supporters have called it a drastic shift in abortion policy that would block abortions by scaring doctors who might perform them.

Doctors would be required to screen women to find out if they were pressured into having abortions. Then they could determine whether someone is likely to end up with mental or physical problems after the procedure.

That’s awfully subjective, and it occurs to me that a woman would feel pressured by the question about feeling pressured. Could this be the birth (no pun) of “pressure panels”?

The patients would have to be told whether they are at risk, but would still be allowed to have an abortion.

If I were told I were at risk, that would stress me out enough to be diagnosed as being stressed out, but I wouldn’t necessarily be able to identify the source of my stress. Especially if I were a very young woman, as in teenager.

And after having worked with teens for years, I can safely say that they feel pressured if you so much look at them wrong.

Or if you tell them you’re about to look at them wrong.

Or if you ask them if they feel pressured.

If a screening was not done, a woman could file a civil suit.

Doctors would not face criminal charges, nor would they lose their medical licenses.

So what’s the problem?

It’s too vague,” said Sen. Brad Ashford of Omaha, one of just nine senators who voted against the measure on Monday. “I don’t know if a physician faced with civil action can know all the risk factors,” cited in journals, he added.

Chip, chip, chip….